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STATE v. KIRK

No. 98,876.

196 P.3d 407 (2008)

STATE of Kansas, Appellee, v. Melvin L. KIRK, Appellant.

Court of Appeals of Kansas.

November 21, 2008.

Attorney(s) appearing for the Case

Randall L. Hodgkinson, of Kansas Appellate Defender Office, for appellant.

Ty Kaufman, county attorney, and Stephen N. Six, attorney general, for appellee.

Before CAPLINGER, P.J., LEBEN, J., and BUKATY, S.J.

LEBEN, J.

Melvin L. Kirk drove a vehicle with windows tinted darker than allowed by Kansas law. A highway patrol trooper stopped Kirk's vehicle to perform a glass-transparency test that revealed Kirk's windows had a transparency of only 4%, far below the minimum legal transparency of 35%. While investigating the window tint, Kirk smelled marijuana and air fresheners from within the car. Based on that, he detained Kirk until a drug-dog could check further. Contraband...

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